New Formal Ethics Opinion(s) from the Board of Professional Responsibility

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Lucian T. Pera
Editor-in-Chief, TBALink

REBECCA J. AMELL, BY NEXT OF KIN, MARVIN H. AMELL
VS.
LIBERTY MUTUAL INSURANCE CO.,
Court:TSC - Workers Comp Panel
Attorneys:
For the Appellant: For the Appellee:
Mary Elizabeth Maddox George R. Garrison
PO Box 39 Webb & Garrison
Knoxville, Tennessee 37901 1415 Middle Creek Road
Sevierville, Tennessee 37862
Judge: PEOPLES
First Paragraph:
This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law. Liberty
Mutual Insurance Co. (hereafter "Liberty Mutual") appeals an award of
workers' compensation death benefits to the surviving spouse of an
employee killed in the course and scope of her employment.
http://www.tba.org/tba_files/TSC_WCP/amellrebeccaj.wpd
STEPHEN BENKER v.WILLIAMS TELECOMMUNICATIONS SERVICE, INC., et al.
Court:TSC - Workers Comp Panel
Attorneys:
Robert W. Knolton, of Oak Ridge, Tennessee, for the Appellants,
William Telecommunications Service, Inc. and Insurance Company of the
State of Pennsylvania.
Paul G. Summers, Attorney General and Reporter, and E. Blaine Sprouse,
Assistant Attorney General, of Nashville, Tennessee, for the Appellee,
State Second Injury Fund.
J. Anthony Farmer, of Knoxville, Tennessee, for the Appellee, Stephen
Benker.
Judge: THAYER
First Paragraph:
This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law. The
employer has appealed from the trial court's ruling the employee is
totally disabled raising issues concerning compensability of the claim
and the apportionment of the award. Judgment of the trial court is
affirmed.
http://www.tba.org/tba_files/TSC_WCP/benkers.wpdHMC TECHNOLOGIES CORP. a/k/a HMC TECHNOLOGIES, INC. v. SIEBE, INC. -
ROBERTSHAW TENNESSEE DIVISION
Court:TCA
Attorneys:
Arthur G. Seymour, Jr., and James E. Wagner, Knoxville, Tennessee, for
the appellant, Siebe, Inc. - Robertshaw Tennessee Division.
Jay Arthur Garrison, Knoxville, Tennessee, for the appellee, HMC
Technologies Corporation, a/k/a HMC Technologies, Inc.
Judge: SUSANO
First Paragraph:
In this declaratory judgment action, the plaintiff, HMC Technologies
Corp. a/k/a HMC Technologies, Inc. ("HMC"), sued to enforce an
indemnification provision contained in a proposal submitted to, and
accepted by, the defendant, Siebe, Inc. - Robertshaw Tennessee
Division ("Robertshaw"). Both parties moved for summary judgment.
The trial court entered judgment in favor of HMC. We reverse.
http://www.tba.org/tba_files/TCA/hmc.wpd
DAVID ROBERTS v. ESSEX MICROTEL ASSOCIATES, II, L.P. d/b/a/
MICROTEL-KINGSPORT, et al.
WITH DISSENTING OPINION
Court:TCA
Attorneys:
Larry V. Roberts, Kingsport, Tennessee, for the Appellant David
Roberts.
H. Wayne Graves, Johnson City, Tennessee, for the Appellee Essex
Microtel Associates, II.
Judge: SWINEY
First Paragraph:
Plaintiff registered as a guest at Defendant's hotel. For various
reasons, the desk clerk asked to see Plaintiff's driver license.
Plaintiff produced his driver license for inspection by the desk
clerk. For those same reasons, the desk clerk later telephoned the
police. She provided the 911 police dispatcher with certain
information from Plaintiff's driver license. With this information,
the police discovered that an individual with the same date of birth
and a similar name was wanted in Florida on a narcotics trafficking
charge. The police came to the hotel, questioned Plaintiff, and then
took Plaintiff into custody. After detaining Plaintiff at the police
station for two hours, the police determined that Plaintiff was not
the suspect wanted in Florida and returned Plaintiff to the hotel.
Plaintiff sued the hotel owner and the desk clerk for malicious
prosecution, wrongful arrest, false imprisonment and invasion of
privacy, but later proceeded only on the invasion of privacy and false
imprisonment counts. The Trial Court granted Defendants' Motion for
Summary Judgment. We affirm.
http://www.tba.org/tba_files/TCA/robertsd_opn.wpd
DISSENTING OPINION
http://www.tba.org/tba_files/TCA/robertsd_dis.wpdSTATE OF TENNESSEE v. JOHNNIE BELL, JR.
WITH DISSENTING OPINION
Court:TCCA
Attorneys:
George Todd East, Kingsport, Tennessee, attorney for the appellant,
Johnnie Bell, Jr.
Paul G. Summers, Attorney General and Reporter; Patricia C. Kussmann,
Assistant Attorney General; H. Greeley Wells, Jr., District Attorney
General; and J. Lewis Combs, Assistant District Attorney General, for
the appellee, State of Tennessee.
Judge: TIPTON
First Paragraph:
The defendant, Johnnie Bell, Jr., challenges the trial court's order
upholding the prosecutor's denial of pretrial diversion for the
charges of vehicular homicide and aggravated assault. He contends
that the prosecutor abused his discretion in failing to consider all
the relevant factors and to list the factual disputes in the evidence.
He argues that the trial court may not rehabilitate the prosecutor's
letter and that this court must order pretrial diversion. We hold
that the prosecutor failed to consider all the relevant factors but
that the failure does not require the grant of pretrial diversion
absent proof of entitlement. We affirm the trial court's order
denying pretrial diversion.
http://www.tba.org/tba_files/TCCA/bellj_opn.wpd
DISSENTING OPINION
http://www.tba.org/tba_files/TCCA/bellj_dis.wpd
STATE OF TENNESSEE v. JEFFREY ENGLISH
Court:TCCA
Attorneys:
Gene Honea, Assistant Public Defender, Franklin, Tennessee, attorney
for the appellant, Rhonda Jennings.
Paul G. Summers, Attorney General and Reporter, Lucian D. Geise,
Assistant Attorney General, and Ron Davis, District Attorney General,
Jeff Burks, Assistant District Attorney, attorneys for the appellee,
State of Tennessee.
Judge: SMITH
First Paragraph:
On December 14, 1998, a Williamson County Grand Jury returned
presentments charging Jeffrey English, the defendant and appellant,
with three counts of aggravated robbery and one count of aggravated
assault. The defendant pled guilty to three counts of aggravated
assault. At a subsequent sentencing hearing, the defendant also pled
true to violating the probation he was on at the time of the instant
offenses. Following the hearing, the trial court sentenced the
defendant to sixteen years for each count of aggravated robbery. His
probation was revoked and he was sentenced to serve eight years for
the prior aggravated robbery. The court ordered the defendant to
serve all four sentences consecutively. On appeal, the defendant
argues that his sentence is excessive. After a thorough review of the
record, we affirm the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/englishjeffre.wpd
STATE OF TENNESSEE v. CHRISTINA L. HOWARD
Court:TCCA
Attorneys:
Eugene J. Honea, Franklin, Tennessee (at trial), and Jesse N. H.
Bacon, Madison, Tennessee (on appeal), for the appellant, Christina L.
Howard.
Paul G. Summers, Attorney General & Reporter; David H. Findley,
Assistant Attorney General; Derek Smith, Assistant District Attorney
General, for the appellee, State of Tennessee.
Judge: WOODALL
First Paragraph:
Defendant Christina L. Howard was found guilty by a Williamson County
jury of possession with intent to sell or deliver cocaine in an amount
greater than 300 grams, possession with intent to sell or deliver
marijuana, and possession of drug paraphernalia. After a sentencing
hearing, the trial court sentenced Defendant as a Range I standard
offender to concurrent terms of twenty years for cocaine possession,
one year for marijuana possession, and one day for possession of drug
paraphernalia. Defendant raises the following issues in this appeal:
(1) whether the trial court erred when it did not instruct the jury on
the lesser-included offense of facilitation of a felony; (2) whether
the trial court erred when it sentenced Defendant as a standard
offender; and (3) whether the trial court erred when it denied
Defendant alternative sentencing. The judgment of the trial court is
affirmed.
http://www.tba.org/tba_files/TCCA/howardcl.wpd
STATE OF TENNESSEE v. MANOLITO JEMISON
Court:TCCA
Attorneys:
Karl Dean, District Public Defender; Jeffrey A. DeVasher, Assistant
Public Defender (on appeal); Laura C. Dykes, Assistant Public Defender
(at trial); and Gigi Braun, Assistant Public Defender (at trial), for
the appellant, Manolito Jemison.
Paul G. Summers, Attorney General and Reporter; Elizabeth T. Ryan,
Assistant Attorney General; Victor S. Johnson, III, District Attorney
General; Bernard F. McEvoy, Assistant District Attorney General; and
Derrick L. Scretchen, Assistant District Attorney General, for the
appellee, State of Tennessee.
Judge: GLENN
First Paragraph:
The defendant was found guilty by a Davidson County jury of the lesser
offense of voluntary manslaughter on one count of first degree
premeditated murder and the lesser offense of reckless homicide on one
count of felony murder. The counts were merged into one conviction
for voluntary manslaughter, and the defendant was sentenced as a Range
I, standard offender to six years in confinement. In this appeal as
of right, the defendant challenges the sufficiency of the evidence to
support a conviction for voluntary manslaughter and the length of his
sentence, arguing that the trial court erroneously applied one
enhancement factor and failed to apply two mitigating factors. Based
upon our review, we agree that an enhancement factor was improperly
applied. However, since two other enhancement factors were properly
applied, and the evidence was sufficient to support the conviction, we
affirm the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/jemisonm.wpd
STATE OF TENNESSEE v. JERRY L. JOHNS
Court:TCCA
Attorneys:
Jerry L. Johns, Wartburg, Tennessee, Pro Se.
Paul G. Summers, Attorney General and Reporter; David H. Findley,
Assistant Attorney General; and Randall E. Nichols, District Attorney
General, for appellee, State of Tennessee.
Judge: WELLES
First Paragraph:
The Defendant, Jerry L. Johns, appeals from the order of the trial
court dismissing his "Motion to Vacate Judgment" as barred by the
statute of limitations. The trial court apparently treated the
Defendant's motion as a petition for post-conviction relief. We hold
that the trial court properly treated the Defendant's motion as a
petition for post-conviction relief and that the motion was properly
dismissed because it was barred by the statute of limitations, because
another post- conviction petition had already been filed and resolved
on the merits, and because the grounds for relief alleged by the
Defendant had been previously determined. Accordingly, we affirm the
judgment of the trial court.
http://www.tba.org/tba_files/TCCA/johnsjl.wpd
STATE OF TENNESSEE v. LORI A. LITTLE
Court:TCCA
Attorneys:
W. Casey Reed, Nashville, Tennessee, for the appellant, Lori A.
Little.
Paul G. Summers, Attorney General and Reporter; Marvin E. Clements,
Jr., Assistant Attorney General; Victor S. Johnson, District Attorney
General; and Grady Moore, Assistant District Attorney General, for the
appellee, State of Tennessee.
Judge: WELLES
First Paragraph:
The Defendant, Lori A. Little, was convicted of two counts of forgery,
both Class E felonies. In this appeal as of right, she argues (1)
that the trial court improperly denied her the court's subpoena power
prior to trial; (2) that the evidence was insufficient to support her
convictions; (3) that the trial court improperly instructed the jury
regarding NationsBank's obligations under the Uniform Commercial Code
to reimburse customers for forgeries paid out of customers' accounts;
(4) that the trial court improperly limited cross-examination of a
prosecution witness regarding his bias; (5) that the jury was
improperly tainted or biased by contact between a witness and a juror
who were acquaintances; and (6) that the trial court intimidated the
Defendant in a jury-out hearing during her direct examination at
trial. We find no reversible error; thus, we affirm the judgment of
the trial court.
http://www.tba.org/tba_files/TCCA/littlela.wpd
ALVIN VONNER v. STATE OF TENNESSEE
Court:TCCA
Attorneys:
Alvin Vonner, Appellant, Pro Se,
Paul G. Summers, Attorney General & Reporter, Ronald L. Davis, Marvin
E. Clements, Jr., Assistant Attorney General, Nashville, Tennessee,
for the Appellee, State of Tennessee.
Judge: WITT
First Paragraph:
The petitioner, Alvin Vonner, appeals the Hickman County Circuit
Court's summary dismissal of his petition for habeas corpus relief and
alleges that his 60 year second degree murder sentence has expired.
Because the record fails to establish that the sentence has expired,
we affirm the dismissal of the petition.
http://www.tba.org/tba_files/TCCA/vonnera.wpd
KENNETH LEE WESTON v. STATE OF TENNESSEE
Court:TCCA
Attorneys:
Joe H. Walker, Harriman, Tennessee, for the appellant, Kenneth Weston.
Paul G. Summers, Attorney General and Reporter; R. Stephen Jobe,
Assistant Attorney General; and J. Scott McCluen, District Attorney
General, for the appellee, State of Tennessee.
Judge: WELLES
First Paragraph:
The Defendant, Kenneth Lee Weston, appeals as of right from the
summary dismissal of his petition for writ of habeas corpus. He
asserts that his convictions are void because the trial judge did not
sign the court minutes reflecting the judgment. We hold that the
failure of the trial judge to sign the court minutes does not render a
judgment of conviction void. Accordingly, we affirm the judgment of
the trial court.
http://www.tba.org/tba_files/TCCA/westonkl.wpdTVA/Columbia Dam Project Lands
Date: November 16, 2000
Opinion Number: 00-173
http://www.tba.org/tba_files/AG/OP173.pdf
Term limits for county commission chair
Date: November 20, 2000
Opinion Number: 00-174
http://www.tba.org/tba_files/AG/OP174.pdf

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